SAMPLE PRESENTATION Intro for Comparing your Local Code of Conduct to the DSC Model Code

1. SAMPLE PRESENTATIONIntro for Comparing your Local Code of Conduct to the DSC Model Code

2. Agenda: Model Code Comparison Workshop • Welcome and What is DSC? • Quick Overview of Discipline in Your Community • Suspension/Expulsion Data and Student Code of Conduct • Overview of DSC Model Code • What is the Model Code? • What does it say about suspensions and expulsions? • Exercise to Compare DSC Model Code to Your Code • As a large group or in small groups, go through the Model Code Comparison Tool (in small groups, you could give each group one page) • Report back to share one or two things you learned • Use the Strategy Chart to identify priorities for your campaign

3. Dignity in Schools Campaign (DSC) • Challenges the systemic problem of pushout and advocates for the human right of every young person to education and dignity • More than 67 organizations from 20 states • Youth and parentbase-building • Legal and advocacy • Teachers and educators • Researchers

4. INSERT DATA FROM YOUR CITY/STATESee example from Jersey City: • Jersey City district average = 8% of students suspended (2010-2011) • Paterson district average = 16% of students suspended (2010-2011) • Jersey City schools with suspension rates over 10% (2011-2012) • Jersey City • District-wide, Black students are 34% of enrollment • In the 8 schools with the highest suspension rates, Black students are over 60% of enrollment

5. INSERT OVERVIEW OF YOUR LOCAL CODESee example from Jersey City: • Describes “Progressive Disciplinary Action Steps” ranging from parent conferences, to mediation, to suspension and expulsion • A principal can suspend students up to 10 days in a row • No student can be suspended more than 15 days in a row without approval of the Superintendent • Educational services must be provided for suspensions more than 5 days • Zero-Tolerance: “Students who bring weapons or drugs to school or commit any act of violence against a student or staff member will be removed from the school building immediately.” http://www.jcboe.org/boe2013/images/pdf/News/codeofconduct2012.pdf

6. DSC Model Code • Model policies for schools, districts and legislators to address school pushout and create safe and positive climates for learning • Based on research, best practices and on the ground experiences of students, parents and educators • Rooted in fundamental human rights principle that the goal of education is to develop each young person to their full potential

7. How was the Model Code developed? • Drafted and reviewed by members of the Model CodeWorking Group • Reviewed at two American Bar Association summits • Reviewed and edited at community engagement sessions with students, parents and teachers in 8 different states (CA, FL, GA, IL, LA, MS, NY, PA)

8. Overview of the DSC Model Code

9. 3.1.c Guidelines for Exclusion A. Goal of Model Code is to Limit Suspension & Expulsion • Suspension • No more than 5 days in a row or 10 days total • Served in a classroom at the student’s school or another school facility • Expulsion • Any exclusion that is more than 5 days in a row or 10 days total requires that students receive a full hearing • During expulsion, students must receive an alternative education

10. 3.1.c Guidelines for Exclusion B. Exclusion may be considered only when a student commits the most serious and dangerous offenses • No student may be excluded from school: • Until and unless non-exclusionary discipline alternatives have been carefully considered, tried and documented to the extent reasonable and feasible, • Only if exclusion is absolutely necessary to protect safety, and • Only after considering the full impact of the decision on both the student and the school community.

11. 3.1.c Guidelines for Exclusion C. Factors to consider in deciding whether to exclude • Consider factors that contributed to the behavior and whether that behavior could be alleviated by helping the student deal with those factors Examples (see Model Code for full list): • Mental illness or undiagnosed disabilities • Appropriateness of the student’s placement or setting • Family situations (foster care, domestic violence, recent death) • Age and ability to understand consequences • Expression of remorse • Whether the student was acting in self-defense • If such factors exist, refer the student to appropriate services or interventions before the student may be referred for exclusion

12. 3.1.c Guidelines for Exclusion D. Limitations on exclusion • No exclusion for children under 10 • No suspension of more than 3 days for students under 15 • No suspension of more than 5 consecutive or 10 total days • No expulsion/involuntary transfer for more than one school term • Suspension prohibited for : • Being late to school or class or being absent • Violating school dress code or uniform rules • Minor behavior infractions, including but not limited to insubordinate behavior, defiance, etc. • Behavior that happens off of school grounds and not as part of a school-sponsored activity

13. 3.1.d Due Process: Right to Notice For any type of exclusion in the code, written notice to the parent and student is required. For suspensions of 5 days or less: • Written notice to the student and to the student’s parent or guardian within 24 hours of the incident leading to the proposed suspension, describing the infraction, the length of the proposed suspension and the student’s rights as described in this section • Must be in parent/guardian’s primary language

14. 3.1.d Due Process: Right to Notice For expulsions of 10 days or more requiring a full hearing: • Purpose of notice provisions: parent or guardian and student have meaningful opportunity to participate • Notice to parent/guardian are more stringent and must include: • The purpose, time and location of the hearing; • The charge the student is facing and any supporting evidence that will be introduced at the hearing, including copies of witness statements, investigative reports and video or photographic surveillance; • Notice of the student’s right to have an attorney, to call witnesses and present evidence, to view the student’s records, including discipline files and to challenge the school’s evidence; • Notice of the right to translation and interpretation in the language that the parent or guardian understands best; and • A list of all people that will be present at the hearing, at least 2 days in advance of the hearing.

15. 3.1.d Due Process: Right to Hearing For suspension of 5 days or less • Exclusion conference to discuss school’s version of facts and student’s version of facts and/or explanation • Reasonable opportunity for parent/guardian to attend, right to a neutral decision-maker, and right to appeal For expulsions of 10 days or more (total or cumulative) • Full hearing, with right to counsel, right to neutral decision maker, evidence rules, and right to appeal • School has burden of proof: clear and convincing evidence • Student has right to refuse to testify, and to keep parent or guardian from testifying

16. Now participants can work through the Model Code Comparison Tool.

17. Learn More about DSC • Read the Model Code and share with othershttp://www.dignityinschools.org/our-work/model-school-code • Hold a Model Code training in your communityContact Fernando, DSC Field Organizer fernando@dignityinschools.org, 205-960-3498 • See highlights from previous DSC National Week of Action and Join us this year Sept 28-Oct 5, 2013http://www.dignityinschools.org/our-work/week-of-action • Learn about Solutions Not Suspensions:A Call for a Moratorium on Out-of-School Suspensions, DSC and OTLhttp://www.stopsuspensions.org/